Territorial Dredging Regulations

Territorial Dredging Regulations [Repealed, SOR/2003-116, s. 6] In these Regulations, mineral includes every natural substance including gold and silver that may be recovered from the submerged bed of a river by the process commonly known as dredging, but does not include peat, bitumen, oil shales, clay, sand and gravel; (minéral) Minister means the Minister of Indian Affairs and Northern Development; (ministre) recorder means a person designated by the Minister to perform the duties of a recorder for a mining district established under the Territorial Lands Act for the Northwest Territories; (registraire) river means a stream of water the bed of which is of an average width of 150 feet throughout the portion thereof sought to be leased; (rivière) river bed means the bed and bars of the river to the foot of the natural banks. (lit d’une rivière) The recorder’s decision as to the width of any stream on which dredging applications have been made shall be final. The Minister may issue leases to any person applying therefor granting the exclusive right to dredge for minerals in the submerged bed of any river in the Northwest Territories. Every location for a dredging lease shall be marked out by two posts placed on the margin of such river, above highwater mark, as follows: the No. 1 post shall be at least four feet above the surface of the ground located at the upstream end of the area to be covered by the lease and shall be a post not less than four inches in diameter, mounded to a height of two feet, such mounding to be conically shaped and having a diameter at the base of not less than three feet, and this post shall be faced on the downstream side, which facing shall contain the following inscription legibly marked thereon: post No. 1, date and time of staking, name of staker, distance to No. 2 post, the letters “DL”; the No. 2 post shall be similar to the No. 1 post and placed on the same side of the river as the No. 1 post at the downstream end of the location covered by the lease, shall be faced and mounded in the manner prescribed for Post No. 1 and the inscription thereon shall be as follows: post No. 2, distance upstream to No. 1 post, and the letters “DL”. A portion of a river staked under these Regulations shall be continuous, and shall in no case exceed 10 miles measured along the middle of the river following its sinuosities. Every holder of a lease issued under these Regulations shall have the exclusive right to dredge the river bed within the length of river leased to him. Not more than one lease shall be issued to any one person. The lessee shall, when so directed by the Minister, cause a survey to be made, at his own expense and in accordance with the instructions of the Surveyor General, of the area of river leased to him, and the returns of such survey shall be filed in the Department of Indian Affairs and Northern Development within six months after receipt by the lessee of such direction and instructions. The lease shall be for a term of 15 years, at the end of which time all rights that are vested in or may be claimed by the lessee under his lease shall cease and determine. A lease may be renewed from time to time at the discretion of the Minister if it is shown to his satisfaction that the area of the lease has not been fully dredged; and the lessee has, during the term of his lease, carried on dredging operations efficiently and has otherwise complied with these Regulations. The lessee shall not assign, transfer or sublet the demised premises or any portion thereof, without the consent in writing of the Minister. A lease of an area in the Northwest Territories issued under these Regulations is subject to the rights of any person who, prior to the issue of the lease, is entitled to or has obtained a grant of a claim under the Northwest Territories Placer Mining Regulations. [Repealed, SOR/2003-116, s. 9] The lessee shall, within three years from the date of his lease, have at least one dredge, of such capacity as the Minister may deem sufficient, in operation upon the area described in his lease, and shall in every year thereafter during the continuance of his lease dredge from such area not less than 20,000 cubic yards of gravel, sand or other substance. If the lessee fails to furnish proof yearly, or at such times as the Minister may direct, of the efficient operation of such dredge, and of the actual work performed, the Minister may cancel the lease. Upon application to that effect being made to him by any persons holding adjoining dredging leases, not exceeding five in number, the Minister may grant permission to such persons to operate each of their respective dredges on any one or more of the areas covered by such leases for a term not exceeding 10 years, and to perform on any one or more of such areas all the work required to be done on each area separately, as required by subsection (1). The application for a lease shall be accompanied by a fee of $5 together with the rental for the first year at the rate of $100 for each mile of river to be leased. The rental for each subsequent year shall be at the rate of $10 for each mile, payable in advance. All fees pertaining to a lease are set out in the schedule. [Repealed, SOR/2003-116, s. 10] On or before April 1st in each year, the lessee shall pay to Her Majesty upon all gold recovered from the bed of a river in the Northwest Territories under a dredging lease during the year ending December 31st immediately preceding a royalty at the rate of 1 1/4 per cent of its value. On or before April 1st in each year, the lessee shall pay to Her Majesty on all minerals other than gold, including silver, recovered from the bed of a river in the Northwest Territories under a dredging lease during the year ending on December 31st immediately preceding a royalty at the rate of 2 1/2 per cent of their value. On or before April 1st in each year, every person liable to pay royalty in respect of gold, silver or other minerals recovered under a lease during the year ending on December 31st immediately preceding shall, without notice or demand to that effect, in addition to any other statements or returns which may otherwise be required, deliver to the Minister or such officer as the Minister may name, a sworn statement containing the name of the lessee, the date of the lease, the description of the lands covered by the lease, the calendar year for which the statement is made, the quantity and value of gold recovered and the amount of royalty thereon, and the quantity and value of silver or other minerals recovered and the amount of royalty thereon. Every lease issued under these Regulations shall contain a provision that the lessee shall pay royalty upon gold, silver and other minerals obtained from the beds of rivers under the lease at such rate as may from time to time be prescribed. The lessee may obtain from the timber agent a permit or permits to cut, free of dues, such timber as may be necessary for the purposes of his dredging operations. The permit or permits referred to in subsection (1) shall contain a description of the tract or tracts within which the timber may be cut, and the kind, dimensions and quantities of timber to be so cut. The permit referred to in subsection (1), however, shall not give or be deemed to give to the holder thereof any exclusive right to the timber on the tract therein described. The lessee shall not interfere in any way with the general right of the public to use for navigation or other purposes the river upon which he holds a lease. The free navigation of a river shall not be impeded by the deposit of tailings, and the current or stream shall not be obstructed by the accumulation of tailings. If the lessee fails to comply with the requirements of subsections (1) and (2), notice may be posted, by such officer as the Minister directs, at the point where the stream has been impeded or obstructed or in the vicinity thereof, requiring such defect to be remedied, and a copy of such notice shall be served upon the lessee or his agent. If the lessee fails to remove, within the time set out in the notice referred to in subsection (1), the impediment or obstruction complained of, the lease may be cancelled by the Minister. The lease shall provide that any person who has recorded a claim under the Northwest Territories Placer Mining Regulations3 shall be entitled to run tailings into the river at any point thereof and to construct all works which may be necessary for properly operating his claim, but no such person shall construct a dam or wing-dam within 1,000 feet from the place where any dredge is being operated, or obstruct or interfere in any way with the operation of any dredge. Revoked by SOR/61-86 The lease shall reserve all roads, ways, bridges, drains and other public works and all duly authorized improvements now existing or which may hereafter be made in, upon, or under any part of the river, and the right to enter and construct the same, provide that the lessee shall not damage nor obstruct any public or duly authorized ways, drains, bridges, works and improvements now or hereafter to be made upon, in, over, through or under the river, and provide that the lessee shall substantially bridge or cover and protect all the cuts, flumes, ditches and sluices and all pits and dangerous places at all points where they may be crossed by a public highway or frequented path or trail to the satisfaction of the Minister.